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Martin Jenkins

Martin Joseph Jenkins (born November 12, 1953) is an American jurist who served as an associate justice of the from December 2020 until his retirement at the end of October 2025. Prior to his elevation to the state's highest court, Jenkins held judicial positions on the for the Northern District of California from 1997 to 2008 and the California Court of Appeal, First Appellate District, from 2008 to 2019. He is recognized as the first openly gay associate justice on the and the third African American man to serve in that role. Jenkins began his legal career after earning a from in 1976 and a from the University of San Francisco School of Law in 1980, following a brief stint as a for the in the during the 1977 preseason. His early professional experience included serving as a deputy in Alameda County from 1981 to 1983 and as a trial attorney in the Civil Rights Division of the from 1983 to 1985, before transitioning to private civil litigation at until 1989. Jenkins ascended the judicial ranks starting with appointments to municipal and superior courts in Alameda County in the early 1990s, culminating in his federal nomination by President in 1997. Throughout his over three-decade judicial tenure, Jenkins contributed to diverse caseloads across , appellate, and federal levels, earning recognition including the St. Thomas More Award in 2009 and the Award in 2022 for his service and advocacy in and . Appointed to the by Governor in 2020 and unanimously confirmed, Jenkins advised on judicial selections prior to his ascension, reflecting his extensive involvement in California's legal infrastructure before retiring after five years on the bench.

Early life and education

Family background and early years

Martin J. Jenkins was born in 1953 in , . He was raised in the city's Lakeview neighborhood in a working-class family. Jenkins' father served as a at , a San Francisco landmark, for 40 years, while his mother trained as a nurse but remained at home during his childhood. He has two siblings: a younger sister employed in and an older brother, a retired referee. As a , Jenkins assisted his father, who also worked as a city clerk and , in cleaning office buildings and churches after school, reflecting the family's modest circumstances. In later reflections, Jenkins described his early years as marked by self-doubt regarding his capabilities, despite diligence, attributing this in part to limited exposure to professional environments like . His parents, both deceased—mother in 1992 and father in 2005—lived to witness portions of his career achievements.

Academic and athletic pursuits

Jenkins earned an Associate of Arts degree from in 1973. He then attended , where he majored in history and received a degree in 1977. During his undergraduate years, Jenkins played as a on the team and served as its captain. Following graduation, Jenkins briefly pursued professional football, signing as a rookie with the of the in 1977. His time in the NFL was short-lived, after which he transitioned to . Jenkins enrolled at the School of Law, earning his degree in 1980 with honors. This academic achievement marked the culmination of his formal education, bridging his athletic background with a career in law.

Professional career

Following his graduation from the School of Law in 1980, Martin J. Jenkins commenced his legal career as a in the Alameda County District Attorney's Office, serving from 1980 to 1981. In this role, he supported prosecutorial operations in a major county known for handling significant caseloads in criminal matters. Jenkins advanced to deputy in Alameda County from 1981 to 1984, where he prosecuted criminal cases before local courts, gaining experience in trial advocacy and evidentiary procedures. This position involved direct courtroom responsibilities, including presenting evidence and arguing before judges and juries in and prosecutions. In 1984, Jenkins transitioned to the federal level as a trial attorney in the Civil Rights Division of the U.S. Department of Justice, holding the position until 1987. There, he litigated cases centered on racial violence and , often in high-stakes federal proceedings that required coordination across jurisdictions and adherence to constitutional standards under 42 U.S.C. § 1983 and related statutes. His work contributed to enforcement actions addressing systemic civil rights violations, reflecting a prosecutorial focus on accountability for discriminatory practices.

Judicial appointments and service

Jenkins began his judicial career with an to the Oakland Municipal Court by Governor in 1989, where he served until 1992. In 1992, Governor Pete Wilson elevated him to the Alameda County Superior Court, on which he sat until 1997 and where he later became Presiding Judge of the Juvenile Division in 1995. In 1997, President nominated Jenkins on July 24 to the for the Northern District of , filling the seat vacated by Judge Eugene F. Lynch; the Senate confirmed the nomination on November 9, and he received his commission shortly thereafter, serving from November 1997 until April 2008. Governor appointed Jenkins as an associate justice to Division Three of the of Appeal, First Appellate District, effective January 25, 2008, succeeding Justice Joanne Parrilli; he served in this role from 2008 until 2019.

California Supreme Court tenure

Nomination and confirmation process

Governor nominated Martin J. Jenkins to serve as an associate justice on the California Supreme Court on October 5, 2020, to fill the vacancy created by the retirement of Justice Ming W. Chin on August 31, 2020. The nomination followed California's judicial process, in which the governor selects candidates from a list provided by the Commission on Judicial Nominees Evaluation, and confirmation is handled by the Commission on Judicial Appointments, comprising the state , , and presiding justice of the relevant Court of Appeal district. The Commission on Judicial Appointments scheduled a public hearing for November 10, 2020, at 1:00 p.m. in the courtroom in . During the hearing, Jenkins was unanimously confirmed by the commission, with no reported opposition or significant debate. This confirmation made Jenkins the first openly gay associate justice in the court's history. Jenkins was sworn in virtually on December 8, 2020, administered by Tani G. Cantil-Sakauye, marking the completion of his to the court. The process proceeded without delays or challenges, reflecting broad institutional support for the nominee's qualifications from prior federal and state judicial service.

Notable rulings and decisions

In California Capital Insurance Co. v. Hoehn (November 18, 2024), Jenkins authored the holding that Code of Civil Procedure section 473(d), which authorizes courts to vacate void judgments, imposes no statutory time limit, rejecting a judicially engrafted two-year restriction borrowed from section 473.5's provisions for voidable judgments due to lack of notice; the court reasoned that void judgments for extrinsic defects like improper service remain subject to collateral attack indefinitely, absent equitable considerations such as laches. Jenkins ed in Hohenshelt v. Superior Court (August 11, 2025), joining Justice Corrigan's view that an employer's untimely payment of fees under Code of Civil Procedure section 1281.98 mandates automatic vacatur of the award and reinstatement of the judicial action, as the statute's plain text reflects legislative intent to deter fee nonpayment as a tactic to evade without carving out discretion for courts to cure minor delays; the criticized the majority's remedial flexibility as undermining the provision's deterrent purpose, even if risking preemption under the . In McHugh v. Protective Life Ins. Co. (August 30, 2021), Jenkins wrote a , joined by Corrigan, affirming the majority's extension of statutory protections against lapse to pre-2013 policies but emphasizing that the court's interpretation rested on the statute's remedial aims rather than retroactivity concerns, while cautioning against overbroad application that could disrupt settled contract expectations. Over his tenure, Jenkins authored a limited number of opinions—five in the 2024–2025 term alone, split between civil and criminal matters—reflecting his recent appointment and the court's collegial dynamics, where he rarely dissented and aligned with the majority in nearly all cases, consistent with the bench's composition.

Judicial approach and record

Philosophy and methodology

Jenkins has eschewed a singular, overarching , instead advocating for a methodical, case-specific that prioritizes thorough of the facts and governing . In a 2022 conversation, he stated, "I don’t think there’s a one-size-fits-all judicial ," underscoring his preference for adaptability over doctrinal rigidity. He has reflected that his perspectives have "evolved in [his] thinking over the years," attributing this to accumulated experience across prosecutorial, trial, appellate, and roles. Central to his methodology is the integration of practical deliberation and collegiality. Jenkins has highlighted the Supreme Court's collaborative process, noting, "We have a very collegial court, and we spend a lot of time talking through the cases," which facilitates nuanced application of legal principles to real-world contexts. He emphasizes that "you have to really dig into the facts of the case and the law that applies," reflecting a fact-bound, precedent-respecting approach honed during his prior service as a judge and state appellate justice. Jenkins also incorporates the human element into his interpretive framework, viewing life experiences as tools to "illuminate the fabric of the law" during deliberations. He has articulated that "the law is about people and for people," suggesting that diverse backgrounds enhance understanding of a decision's societal impacts, particularly in areas like civil rights and policing. This perspective aligns with his in a Fourth Amendment case, where he joined four colleagues in stressing the need to consider minority community perceptions when assessing detention reasonableness. Analyses of his tenure indicate a balanced record in civil matters, with 11 votes to affirm and 11 to reverse lower courts as of early 2022, alongside authoring majority opinions and concurrences that demonstrate fidelity to statutory text and procedural norms without evident ideological skew. Despite extensive judicial service exceeding 35 years, Jenkins has not publicly outlined a comprehensive jurisprudential , consistent with his stated aversion to formulaic ideologies.

Criticisms and evaluations

Justice Jenkins received the highest rating of "exceptionally well qualified" from the Commission on Judicial Nominees Evaluation prior to his 2020 confirmation to the Supreme Court. His prior judicial service, including as a and appellate , was described as demonstrating a moderate approach, with decisions reflecting balanced application of law rather than ideological extremes. Analyses of his early Supreme Court tenure highlight consistent alignment with the court's majority, participating in 25 civil cases through mid-2022 and joining the majority in 100% of them. In those cases, he cast an even split of 11 votes to affirm and 11 to reverse decisions, suggesting neither an unusually deferential nor aggressive stance toward outcomes. Jenkins authored only three civil opinions during this period—one majority and two concurrences—indicating a limited role in shaping precedential language relative to his colleagues. One notable point of contention arose from a 2016 appellate decision authored by Jenkins, which held that two lawsuits challenging California's K-12 education funding lacked constitutional grounding under the state equal protection clause. Education advocates criticized the ruling for obstructing efforts to compel greater state investment in under-resourced schools, arguing it prioritized procedural barriers over substantive equity claims. The decision aligned with established precedents limiting judicial intervention in funding allocations but drew opposition from groups seeking broader interpretations of educational rights. No widespread patterns of reversal of Jenkins' own rulings or ethical controversies have been documented in his judicial career.

Personal life and legacy

Family and personal identity

Martin Jenkins was born on November 12, 1953, in , . He was raised in the city's Lakeview neighborhood, where he assisted his father—a for the city and county of —in janitorial work at office buildings and churches during his youth. Limited public information exists regarding other family members, as Jenkins has maintained privacy about his personal relationships. Jenkins is African American, marking him as only the third Black man to serve on the California Supreme Court. He publicly identifies as gay, becoming the first openly LGBTQ+ justice on the state's highest court upon his 2020 confirmation; he has described managing his as among the greatest challenges of his life. Jenkins is also a practicing Catholic, and he has reflected on reconciling his faith with his and racial identity.

Recognition and retirement

Jenkins has received multiple awards recognizing his judicial service and ethical conduct. In 1998, he was awarded the St. Thomas More Award by the St. Thomas More Society of for his distinguished record of service and dedication to his church, profession, and community. Upon graduating from the School of Law in 1980, he received the Judge Harold J. Haley Award for exceptional distinction in scholarship, character, and professional promise. In 2018, the University of San Francisco conferred upon him an honorary degree. Further honors include the 2021 Award from the American Bar Association's Commission on and , acknowledging his contributions as the first openly gay African American justice on the California Supreme Court. In 2022, the presented him with the Award for Professionalism and Ethics, highlighting his exemplary professionalism. On October 9, 2025, Jenkins announced his retirement from the California Supreme Court, effective October 31, 2025, after five years of service on the court and over 35 years of total judicial experience. In his statement, he described serving on the state's highest court as "a better capstone to my career on the bench than I could have ever imagined." Post-retirement, Jenkins intends to participate in cases where he has heard oral arguments to assist in their resolution. His departure creates a vacancy to be filled by Governor , marking the governor's fifth appointment to the court.

References

  1. [1]
    California Supreme Court Associate Justice Martin Jenkins to Retire
    Oct 9, 2025 · Justice Jenkins will retire from the California Supreme Court at the end of October after five years with the court and more than 35 years ...
  2. [2]
    Jenkins, Martin J. | Federal Judicial Center
    Born 1953 in San Francisco, CA Federal Judicial Service: Judge, U.S. District Court for the Northern District of California Nominated by William J. Clinton ...
  3. [3]
    Associate Justice Martin J. Jenkins | Supreme Court of California
    Justice Martin J. Jenkins was confirmed to his current position as an Associate Justice of the California Supreme Court on November 10, 2020.
  4. [4]
    Martin J. Jenkins | First Appellate District - California Courts of Appeal
    Justice Jenkins graduated from Santa Clara University in 1977, and after a brief period of employment with the Seattle Seahawks Professional Football Team ...Missing: career | Show results with:career
  5. [5]
    Justice Martin J. Jenkins '80 | University of San Francisco
    Nov 30, 2018 · From the NFL to the federal bench, California Court of Appeal Justice Martin J. Jenkins '80 has made a career of helping others grow.Missing: biography | Show results with:biography
  6. [6]
    California Supreme Court's 1st gay justice left the NFL to pursue a ...
    Jun 1, 2021 · As a young man, Jenkins briefly played in the NFL after signing with the Seattle Seahawks. But after realizing “his true calling was becoming a ...
  7. [7]
    Calif. Supreme Court Associate Justice Martin J. Jenkins '77 to ...
    Apr 8, 2024 · He also has served as a trial judge on the Alameda County Superior Court. In 1977, Jenkins received his B.A. in history from Santa Clara ...Missing: biography | Show results with:biography
  8. [8]
    Supreme Court Justice Martin Jenkins to Retire
    Oct 10, 2025 · In 1977—after graduating from Santa Clara University where he was captain of the football team—he played with the NFL's Seattle Seahawks. Chief ...Missing: education athletics<|separator|>
  9. [9]
    2022_Honorable Martin Jenkins - American Inns of Court
    He began his career as a prosecutor for the Alameda County District Attorney's Office, then moved to Washington, DC, to handle racial violence and police ...Missing: early | Show results with:early
  10. [10]
    Justice Martin Jenkins to retire from California Supreme Court
    Oct 9, 2025 · Jenkins announced Thursday that he will retire at the end of the month. The 71-year-old justice, who has spent more than 35 years as a federal ...
  11. [11]
    Martin J. Jenkins - Ballotpedia
    Martin J. Jenkins is a judge of the California Supreme Court. He assumed office on December 4, 2020. His current term ends on January 8, 2035.
  12. [12]
    California Voter Guide 2022: Martin J. Jenkins - CalMatters
    Oct 5, 2020 · Jenkins began his legal career as a local prosecutor and went on to work as a trial attorney for the U.S. Department of Justice and as a ...Missing: early | Show results with:early
  13. [13]
    Justice Martin J. Jenkins Sworn In to California Supreme Court
    Justice Jenkins is the first openly gay California Supreme Court justice and only the third African American man ever to serve on the state's highest court.Missing: biography | Show results with:biography
  14. [14]
    Governor Newsom Selects Justice Martin Jenkins (Ret.) for ...
    Oct 5, 2020 · Governor Newsom Selects Justice Martin Jenkins (Ret.) for ... He was appointed by President Bill Clinton to the U.S. District ...
  15. [15]
    Justice Martin J. Jenkins Confirmed to California Supreme Court
    Oct 13, 2020 · SAN FRANCISCO—The Commission on Judicial Appointments scheduled a public hearing for Nov. 10 beginning at 1 p.m. in the Supreme Court ...
  16. [16]
    California Supreme Court justice vacancy (August 2020) - Ballotpedia
    Aug 31, 2020 · The state Commission on Judicial Appointments confirmed Jenkins' appointment on November 10, 2020. He succeeded Justice Ming Chin, who retired ...
  17. [17]
    Martin Jenkins confirmed to the California Supreme Court
    Nov 10, 2020 · Martin Jenkins, appointed by Gov. Gavin Newsom, won unanimous confirmation Tuesday to the California Supreme Court, becoming its first openly gay member.
  18. [18]
    California Supreme Court pick: first openly gay justice - CalMatters
    and the first in ...Missing: biography | Show results with:biography
  19. [19]
    Justice Martin J. Jenkins Sworn In to California Supreme Court
    Dec 8, 2020 · Justice Jenkins' nomination to the court was unanimously confirmed by the Commission on Judicial Appointments on November 10, 2020. Justice ...
  20. [20]
    [PDF] IN THE SUPREME COURT OF CALIFORNIA - CA.gov
    Nov 18, 2024 · Opinion of the Court by Jenkins, J. Code of Civil Procedure section 473, subdivision (d). (hereafter section 473(d)),1 provides in relevant ...
  21. [21]
    Hohenshelt v. Superior Court - California Case Law
    After the employee reported alleged workplace harassment and was subsequently terminated, he sued the employer in California Superior Court for retaliation and ...
  22. [22]
    [PDF] PDF - IN THE SUPREME COURT OF CALIFORNIA - CA.gov
    Aug 30, 2021 · Chief Justice Cantil-Sakauye and Justices Liu, Kruger, and. Groban concurred. Justice Jenkins filed a concurring opinion, in which Justice.
  23. [23]
    The 2024–2025 term in numbers — the 45 opinions | Home
    Sep 16, 2025 · He signed a Justice Liu concurrence. Justice Jenkins also wrote five opinions for the court, three in civil cases and two in criminal cases.
  24. [24]
    A Conversation With California Supreme Court Justice Martin J ...
    A CONVERSATION WITH CALIFORNIA SUPREME COURT JUSTICE MARTIN J. JENKINS · Views From the Top: Managing Antitrust Practice In Changing Times.
  25. [25]
    Gay Calif. Supreme Court justice values struggle - KALW
    Feb 4, 2022 · Life experience “can illuminate the fabric of the law as it's being discussed” in court deliberations, said Jenkins. “The law is about people ...
  26. [26]
    Five-justice concurring opinion about minority/police interactions ...
    ... Martin Jenkins. The five justices stress the importance of taking into account the perceptions of minority communities in evaluating the propriety of a ...
  27. [27]
    Antitrust and Consumer Protection Section: E-BRIEFS, NEWS AND ...
    Dec 15, 2021 · He is the first openly gay justice in California history. Judicial Philosophy. Despite his service at multiple levels of the judiciary, Justice ...
  28. [28]
    California confirms first openly gay state Supreme Court justice
    Nov 12, 2020 · His judicial record is largely moderate. As a state appellate justice, Jenkins wrote a 2016 ruling that rejected a challenge by education groups ...
  29. [29]
    Newsom picks moderate for CA Supreme Court - CalMatters
    Oct 6, 2020 · Gov. Newsom nominated retired Justice Martin Jenkins to fill the seat vacated by the court's most conservative member, Justice Ming Chin.
  30. [30]
    Reviewing the Tenure of Justice Martin Jenkins (Part 1 of 6)
    Apr 3, 2022 · Today, we begin our final six-part post reviewing the tenure of the Justices of the Supreme Court with the tenure of Justice Martin Jenkins.Missing: authored | Show results with:authored
  31. [31]
    Reviewing the Tenure of Justice Martin Jenkins (Part 3 of 6)
    Apr 3, 2022 · Justice Jenkins has cast twenty-two votes so far in civil cases – eleven to affirm and eleven to reverse. In 2021, he cast seven votes to ...
  32. [32]
    California governor's Supreme Court nominee wrote opinion ...
    Oct 14, 2020 · Martin Jenkins said State Constitution doesn't mandate a minimum level of funding. ... California Supreme CourtCampaign for Quality Education v.
  33. [33]
    Martin Jenkins Is the First LGBTQ+ Nominee to Calif.'s Supreme Court
    Oct 5, 2020 · Justice Jenkins, or Marty as many know him, is a very private person. He has never publicly discussed his sexuality until now.
  34. [34]
    CA Gov. Newsom Nominates 1st Openly Gay Black Man to CA ...
    Oct 5, 2020 · “Anyone who knows me knows my identity has been as a gay man, perhaps the greatest challenge of my life,” said Jenkins. “It has not been easy.Missing: religion | Show results with:religion
  35. [35]
    California Confirms Black, Openly Gay Catholic as Newest State ...
    Dec 21, 2020 · Earlier this month, Martin Jenkins, a gay practicing Catholic, was confirmed as the first openly gay Associate Justice on the Supreme Court ...
  36. [36]
    Martin J. Jenkins - The Outwords Archive
    May 9, 2025 · Justice Martin Jenkins, California's first openly gay high court justice, has spent much of his life “reconciling” his main identities.
  37. [37]
    California Supreme Court Judge Martin Jenkins to receive Stonewall ...
    The American Bar Association Commission on Sexual Orientation and Gender Identity will honor Judge Martin Jenkins with its Stonewall ...
  38. [38]
    First openly gay California Supreme Court justice to step down
    Oct 9, 2025 · Jenkins had spent eight years as a trial judge in Oakland, 11 years as a federal judge in San Francisco and 11 more years on a state appeals ...
  39. [39]
    Justice Jenkins is retiring; will sit pro tem on cases in which he's ...
    Oct 10, 2025 · Governor appoints Martin Jenkins to the Supreme Court; Jenkins recognizes the “significant responsibility” in being the first openly gay justice.
  40. [40]
    California Supreme Court justice vacancy (October 2025) - Ballotpedia
    in 3 days · California Supreme Court Justice Martin J. Jenkins is retiring on October 31, 2025. Jenkins' replacement will be Governor Newsom's (D) fifth ...